Although it is logical that cyber-attacks have risen during the pandemic, and there is anecdotal evidence that it is occurring, including our own experience, an interesting new report was recently released by Allianz, which provides cyber-liability insurance products.

According to the report, “While the COVID-19 outbreak cannot be said to be a direct cause of cyber-related claims, exposures have been rising during the pandemic, particularly with regards to ransomware and business email compromise incidents, given the increase in remote working and the likelihood that security safeguards may not be as robust in the home office.”

The report analyzes the cause of loss by value of claims and the number of claims, finding 1,736 claims worth $770 million from 2015-2020. The analysis shows that external manipulation of computer systems (i.e., DDOS or phishing/malware/ransomware) is the most expensive, “but the analysis also shows that more mundane technical failures, IT glitches or human error incidents are the most frequent generator of claims.”

The report also states that “Whether it results from an external cyber-attack, human error or a technical failure, business interruption is the main cost driver behind cyber claims. It accounts for around 60% of the value of all claims analyzed with the costs associated with dealing with data breaches ranking second.”

The number one threat cited in the report is “Laxer Security Post COVID-19 Heightens Cyber Risk.” Since the migration to working from home, the report states that “malware and ransomware incidents have already increased by more than a third, at the same time as a 50%+ increase in phishing, scams, and fraud, according to international police body, INTERPOL.”

The report further reinforces the need for companies to address the increased risk that accompanies a remote workforce, employee education and engagement, and providing employees with tools to protect themselves and their employer’s data. As the report aptly states: “Employers and employees must work together to raise awareness and increase cyber resilience in the home office set up.”

The California Consumer Privacy Act (CCPA) requires businesses covered by the CCPA to notify their employees of the categories of personal information the business collects about employees and the purposes for which the categories of personal information are used. The categories of personal information are broadly defined in the CCPA and include personal information such as medical information, geolocation data, biometric information, and sensory data.

As a result of the COVID-19 pandemic, many businesses are conducting screenings of employees for COVID symptoms. In many states, it is either required or recommended that businesses conduct such screenings of employees prior to entering the workplace. These employee screenings vary across the country but many include documenting an employee’s temperature, whether they have any COVID-related symptoms or exposure to individuals with COVID-19, or documenting travel out of state or out of the country. States vary too, in the method of collection of this information, with employees completing a written questionnaire via email, text, or mobile application. COVID-19 screening and temperature data is recorded and kept daily to demonstrate compliance with state and local public health requirements.

So, what does this mean for CCPA compliance? None of us could have predicted a year ago that employers would be collecting temperature data, lists of symptoms, and travel information from our employees. If you drafted your CCPA employee notice prior to the start of the pandemic, you may want to review the categories of personal information you now collect in light of these COVID-19 data collection requirements and recommendations. For example, depending upon the type of temperature check, this data could be considered biometric information or sensory data. Your employee notice may also need to disclose how such categories of personal information are used by the business, such as to comply with state and local public health requirements.

While the CCPA requires notice to employees of the categories of data collected, in light of the pandemic, businesses may wish to review their employee notice to determine if it needs to be updated to accurately reflect any additional categories of personal information collected and how the business is using that personal information.